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DECREE No

DECREE No.80-CP OF DECEMBER 5, 1996 OF THE GOVERNMENT STIPULATING THE ORGANIZATION AND OPERATION OF THE SPECIALIZED TRANSPORT AND COMMUNICATIONS INSPECTORATE

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Ordinance on the Protection of Traffic Works of December 2, 1994;

Pursuant to the Ordinance on the Handling of Administrative Violations of July 6, 1995;

In implementation of Government Decrees No.36-CP of May 29, 1995 on ensuring road and urban traffic order and safety, No. 49-CP of July 26, 1995 stipulating the administrative sanctions against violations of road and urban traffic order and safety, No.39-CP of July 5, 1995 on ensuring railway traffic order and safety and No.40.CP of July 7, 1995 on ensuring inland water traffic order and safety;

At the proposals of the Minister of Transport and Communications and the Minister-Chairman of the Government Commission on Organization and Personnel,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- This Decree provides for the organization and operation of the specialized road, railway and inland water transport and communications Inspectorate (Traffic Inspectorate for short).

Article 2.- The Traffic Inspectorate shall inspect the observance of the provisions of law on the protection of traffic works and transport and communications safety, and the handling of administrative violations of the provisions on the traffic works and on transport and communications safety.

Article 3.- The Traffic Inspectorate shall have the legal person status, its own seal and is allowed to open accounts at the State Treasury.

The fund for the operation of the Traffic Inspectorate shall be allocated by the State budget as stipulated by the Government.

Article 4.- The Minister of Transport and Communications shall organize, direct and supervise the operation of the Traffic Inspectorate throughout the country.

Article 5.- Within the scope of their respective tasks and powers, the Ministries, the ministerial-level agencies, the agencies attached to the Government, the People�s Committees at all levels, the People�s Armed Forces and all citizens shall have to support the operation of the Traffic Inspectorate.

Chapter III

ORGANIZATION AND OPERATION OF THE TRAFFIC INSPECTORATE

Article 6.- The organizational system of the Traffic Inspectorate.

1. The Traffic Inspectorates of the specialized State management agencies of road, railway and inland water transport and communications comprise:

a/ The Road Traffic Inspectorate;

b/ The Railway Traffic Inspectorate;

c/ The Inland Traffic Inspectorate.

2. The Traffic Inspectorate is placed under the management of the provincial/municipal Transport and Communications Service (Transport and Public Works Service) and established by the People�s Committees of the province or city directly under the Central Government as guided by the Ministry of Transport and Communications.

The Ministry of Transport and Communications and the Government Commission on Organization and Personnel shall together provide guidance for the organization and personnel of the Traffic Inspectorate at all levels.

Article 7.-

1. The Minister of Transport and Communications shall appoint or dismiss the Heads of the Traffic Inspectorates of the specialized State management agencies.

2. The President of the People�s Committee of the province or the city directly under the Central Government shall appoint or dismiss the Head of the Traffic Inspectorate of the provincial/municipal Transport and Communications Service (Transport and Public Works Service).

Article 8.- The Traffic Inspectorate shall have the following tasks and powers:

1. Popularizing the legislation on the protection of traffic works and on transport and communications safety, guiding its implementation and coordinating with the concerned authorities and branches in performing this task.

2. Supervising, inspecting and handling, according to its competence, the administrative violations of the provisions on the protection of traffic works and violations of transport and communications order and safety.

3. Inspecting and handling the granting of permits and the putting into use the road, railway and inland water transport means.

4. Supervising and handling violations of the rules on road, railway or inland water transportation of goods and passengers.

5. Making written records of violations of the legislation on the protection of transport works and on order and safety in transport and communications, deciding, according to its competence, the suspension or temporary suspension of acts that seriously violate this legislation

6. Supervising and handling other violations as prescribed by law.

The Minister of Transport and Communications shall specify the tasks, powers and titles of the specialized Traffic Inspectorate of the road, railway and inland water transport service.

Article 9.- Qualifications of the traffic Inspectors:

1. Possessed of good political qualities, displaying a high sense of responsibility, being honest, just, objective, and physically fit.

2. Being professionally qualified, knowledgeable of the rules on transport and communications and legal matters.

Article 10.- The Traffic Inspectors shall be equipped with badges, rank, insignias, uniform and the necessary means for the fulfillment of the assigned tasks.

The Minister of Transport and Communications shall make concrete specifications on the badges, ranks, insignias and color of the uniform of the Traffic Inspector of each specialized branch as well as the regime for the use of uniforms.

Chapter III

REWARDS AND SANCTIONS

Article 11.- Traffic inspectors who outstandingly fulfill their tasks shall be commended and rewarded according to the general provisions of the State.

Article 12.- Traffic inspectors on duty who commit acts of hassling, who condone or cover up violations or who fail to handle, or handle not in time or improperly, or handle ultra vires, shall be, depending on the character and seriousness of their violations, disciplined or examined for penal liability; any material damage caused by such acts must be compensated as prescribed by law.

Article 13.- The settlement of complaints and denunciations against acts of Traffic Inspectors must comply with the order and procedure provided for in the State�s current legal documents on complaints and denunciations.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 14.- This Decree takes effect from the date of its promulgation.

The earlier provisions which are contrary to this Decree are now annulled.

Article 15.- The Minister of Transport and Communications shall have to guide the implementation of this Decree.

Article 16.- The Ministers, the Heads of the ministerial-level agencies and agencies attached to the Government, the Presidents of the People�s Committees of the provinces and the cities directly under the Central Government shall have to implement this Decree.

On behalf of the Government

The Prime Minister

VO VAN KIET